Vicky,

I don't see any problem with this, either for distance or for face to face 
(using clips in digital form taken from a VHS tape) as long as the TEACH 
parameters are followed as to security, purpose, etc. for the distance stuff 
(and you will want to check on that).  In order to create clips, it seems 
reasonable to me to digitize the entire film if it for that purpose only.

Take a look at the Exceptions for Instructors eTool at 
http://librarycopyright.net/etool/  It may be of some help.

mb

Michael Brewer
Team Leader for Instructional Services
University of Arizona Libraries
brew...@u.library.arizona.edu<mailto:brew...@u.library.arizona.edu>

From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Maloy, Vicky
Sent: Thursday, September 02, 2010 12:09 PM
To: videolib@lists.berkeley.edu
Subject: [Videolib] Copyright guidance please

Dear Video Libbers -
I have an instructor that wants to take clips out of a film.
She claims she can do it (read about the Library of Congress exemption).
I claim she can't.

The film in question is on VHS and she wants the whole film put onto a DVD so 
she can clip out the needed sections on her computer.  Is there a middle 
ground?  Could only the sections she wants be put onto DVD, (changing the 
amount copied to make the claim that this is a "fair use" situation) or would 
the digitization still be a copyright violation?

To complicate the issue, she teaches both distance and face to face classes.  
Will what is allowed for one circumstance be forbidden from the other?

Please help!  I need your reasoned & informed opinions!
Vicky Maloy


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